{
  "url": "https://openlegislation.uk/environmental-authorisations-scotland-regulations-2018/schedule-22/paragraph-26",
  "json_url": "https://openlegislation.uk/environmental-authorisations-scotland-regulations-2018/schedule-22/paragraph-26.json",
  "legislation": "ssi/2018/219",
  "legislation_title": "The Environmental Authorisations (Scotland) Regulations 2018",
  "legislation_url": "https://openlegislation.uk/environmental-authorisations-scotland-regulations-2018",
  "path": "schedule/22/paragraph/26",
  "kind": "paragraph",
  "number": "26",
  "heading": "Measurements relating to air polluting substances: SEPA discretion as to requirements",
  "text": "(1) SEPA may decide not to require continuous measurement and require periodic measurement or no measurement of any one or more of HCl, HF and SO2 where the authorised person can demonstrate that emissions of those substances cannot be higher than the prescribed emission limit values under any circumstance.\n(2) SEPA may decide not to require continuous measurement and require periodic measurements of NOx in an existing waste incineration plant or an existing waste co-incineration plant with a nominal capacity of less than 6 tonnes per hour where the authorised person can demonstrate that the emissions of NOx cannot under any circumstances be higher than the prescribed emission limit value based upon—\n(a) information on the quality of the waste concerned,\n(b) the technologies used,\n(c) the results of emissions monitoring.\n(3) SEPA may require one measurement every two years for heavy metals and one measurement every year for dioxins and furans where the following circumstances apply—\n(a) the emissions resulting from co-incineration or incineration of waste are below 50% of the emission limit values under all circumstances,\n(b) the waste to be co-incinerated or incinerated consists only of sorted combustible fractions of non-hazardous waste not suitable for recycling, and\n(c) the authorised person can demonstrate on the basis of information on the quality of the waste concerned and emissions monitoring that under all circumstances, emissions are significantly below the emission limit values for heavy metals and dioxins and furans.\n(4) In this paragraph, “periodic measurement” means—\n(a) every three months during the first twelve months of operation,\n(b) two times per year in every subsequent year.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "Sch. 22 inserted (1.11.2025) by The Environmental Authorisations (Scotland) Amendment Regulations 2025 (S.S.I. 2025/165), reg. 1(2), sch. 13 (with sch. 23)"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ssi/2018/219/schedule/22/paragraph/26",
    "retrieved_at": "2026-10-28T21:11:56.403037+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}